Brian K. McHugh

If you need help, I can provide you with my 33 years experience in criminal law and procedure. More than 22 years as a Deputy District Attorney and Chief Deputy District Attorney in the 18th Judicial District - Arapahoe, Douglas, Elbert, and Lincoln Counties.

Over the years, I have handled a wide variety of cases, from 1st Degree Murder, Sexual Assault, Aggravated Robbery, Kidnapping, Vehicular Assault and Criminal Impersonation to DUI, DUID, Misdemeanor Assault, Domestic Violence, Harassment, Disturbing the Peace, Misdemeanor Traffic Offenses and most everything in between.

While with the District Attorney's Office I was a member of the Critical Incident Team, responding to officer involved shootings and in-custody deaths. I taught classes on criminal law and procedure to law enforcement officers, other prosecutors and briefed and argued cases in Colorado's appellate courts.

In the Fall of 2009, I left the District Attorney's Office to open my own law firm. I focus solely on criminal law. I use my decades of experience in defense of each individual client, whether that client is charged with a felony, misdemeanor, DUI, or some other offense.

The University of Denver Sturm College of Law

J.D. (1987) | Law

1984 - 1987

Honors: American Juris Prudence Award

Colorado State University

B.A. (1984) | Sociology

1980 - 1984

Honors: Deans List 1981 through 1984

Owner

Law Office of Brian K. McHugh

2009 - Current

Experienced legal representation for people charged with felonies, misdemeanors, DUI and other traffic offenses.

Legal Intern, Deputy and Chief Deputy District Attorney

Office of the District Attorney, 18th Judicial District

1987 - 2009

DUI Handbook - A Guide for Colorado Prosecutors

CDAC

1990

Award of Exceptional Merit

CDAC

1990

State Bar of Colorado  # 16964

Member

1987 - Current

Colorado Bar Association

Member

1987 - Current

Arapahoe County Bar Association

Member

1987 - Current

Colorado

Since 1987

• Free Consultation
  The free confidential consultation allows me to get an idea of the needs and goals of the prospective client and at the same time allows them to learn about me. Then they can make an informed decision whether my experience, knowledge and skill are what they are looking for in a criminal defense attorney.
• Credit Cards Accepted

• Sealing of Adult Criminal Arrest and Conviction Records
• Expungement of Juvenile Delinquency Records
• Sex Offender De-Registration
• Administrative Driver's License Suspension and Revocation Proceedings

Q. where can I find information about prisoner trading between states?

April 13, 2021

A: That is strictly a matter for the Colorado Department of Correction and the Texas Department of Corrections. However that does not mean you have hit a brick wall. Call Colorado DOC's main number and asked to speak to the person in charge of inmate relocation. You may hit a brick wall at that point but, depending on the circumstances of your son's offense, you may get some information about the process of applying for a transfer to Colorado. This likely an application your son will have to complete and submit in Texas.

Not to oversimplify the natter, but in the end two things need to happen: Texas has to agree to allow your son to serve his sentence in Colorado and, just as important, Colorado DOC has to believe that if they accept the transfer , they are not simply accepting one of a Texas' problem inmates. ... Read More

Q. Do I need to be on call to testify in court if I never received a subpoena in Colorado?

April 13, 2021

A: If you have not been personally served with a subpoena you have no legal obligation to appear. However, I assume you are important witness since, as you say, you were "involved in an armed gas station robbery." Unless you were a participant, you might want to give some thought to appearing because it seems to you to be the right thing to do. Maybe, maybe not. Your call.

Good luck!

Q. I would like to know how it is possible to be charged with felony assault from a compulsive liars "word" no Witness

March 29, 2021

A: I would be curious to know (and you may not know) if the felony classification is based on the alleged use of a deadly weapon, or an allegation that the "victim" suffered serious bodily injury or an allegation of strangulation. If the "victim" claimed any or all of those, the felony classification, without regard to the truth of the allegations, makes sense. In the absence of an allegation such as I have listed (there are others, but they do not seem relevant to your answer) then the assault, if there even was an assault, should be classified as a misdemeanor.

To get to your question more directly (how someone can be charged solely on the word of the alleged "victim".) The statement of a victim or witness is evidence. Evidence is the basis for the filing of any charge. There is no rule that says a crime cannot be charged on the word of a one person. The real question is how much weight should be given to that statement. Unfortunately, that question often goes unanswered until much later in the prosecution process, or until a jury answers the question. As Attorney Maye notes, the case you describe is very defensible (based on the facts you provide), and that can be said with even greater emphasis if the statement is uncorroborated by any other evidence. ... Read More